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Confidential

REQUEST FOR PROPOSALS FOR THE SUPPLY, INSTALLATION, COMMISSIONING, SUPPORT


AND MAINTENANCE OF COMMON USE PASSENGER PROCESSING SYSTEMS (CUPPS) AND
COMMON USE SELF SERVICE(CUSS) KIOSKS AT ACSA FOR A PERIOD OF 60 MONTHS.

Bid Number: : COR7138/2023/RFP

Issue Date : 10 July 2023

Query Closing Date : 24 July 2023@17h00

Briefing Session Date : 18 July 2023@ 10h00


Time SiteInspectionDate

Site Inspection
and Time : Refer below under Section 1.5
Requirements

Bid Closing Date and Time : 28 July 2023 at 12h00

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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INDEX

Section 1: Instructions to Bidders

1.1 Access to RFP Documents

1.2 Alternative Bids

1.3 Late Bids

1.4 Clarification and Communication

1.5 Non - compulsory Briefing session

1.6 Bid Responses

1.7 Disclaimers

1.8 Validity period

1.9 Confidentiality of information

1.11 Hot – Line

Section 2: Background, Purpose and Scope of work and Minimum Requirements

2.1 Background and/or Purpose of this Bid

2.2 Scope of Work

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

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Section 3: Evaluation Criteria

3.1 Evaluation Criteria

3.2 Staged Approach

3.3 Mandatory Requirements

3.4 Functionality

Section 4: Returnable Documents

4.1 Mandatory Returnable Documents

4.2 Other Returnable Documents and information

4.3 Validity of submitted information.

Section 5: Returnable Documents

5.1 Declaration of Interest and Politically Exposed Persons Form

5.2 Bidder’s Disclosure Form SBD 4

5.3 Preference Points Claim Form

5.4 Confidentiality and Non-Disclosure Agreement

5.5 Acceptance of Terms and Conditions of RFP and Bidder’s Particulars

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

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Attached Annexures

Annexure A – Scope of Work


Annexure B – Evaluation criteria
Annexure C – IT Service Management
Annexure D – IT Infrastructure Standards
Additional Returnable Documents

Section 8 - Returnable Appendices

Appendix A

Cover Letter

Appendix B

Declaration of interest form

Appendix C

Declaration of forbidden practices form

Appendix D

Consent to vetting form

Appendix E

Acceptance of RFP terms and condition

Appendix F

Briefing Session form

Appendix G

Certificate of Incorporation

Appendix H

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

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Letter of good standing

Appendix I

Company profile, executive summary and organogram

Appendix J

Joint Venture (JV) Agreement (If applicable)

Appendix K

BEE Certificate and Scorecard or BBBEE QSE/EME Affidavit

Appendix L

Valid Tax Compliance Pin

Appendix M

Latest audited financial statements

Appendix N

Signed non-disclosure agreement.

Appendix O

Proof of CSD registration

Appendix P

Reference Letters proving Company Experience

Appendix Q

Solution Overview

Appendix R

Pricing Schedule

Appendix S

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

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Transformation Proposal and Subcontracting Agreement

Appendix T

Transformation Partner Details

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

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1. SECTION 1: INSTRUCTIONS TO BIDDERS

1.1. Access to RFP documents

Tenders are available on www.etenders.gov.za and www.airports.co.za. Kindly print and


complete.

Submission of bid documents

The envelopes/files containing bid documents must have on the outside, the bidder’s
return address, the full description of the bid, bid number and the details of the Supply
Chain Management department where the bid will close. The documents must be signed
and completed by a person who has been given authority to act on behalf of the bidder.
The bottom of each page of the bid documents must be signed or stamped with the
bidder’s stamp as proof that the bidder has read the bid documents. Bid documents must
be submitted on Friday before 12h00 on 28th of July 2023 using the following method.

Hand delivery:

1.1.1. Tender box: C

The Tender box is located at:

Airports Company South Africa

3rd Floor, North Wing

OR Tambo International Airports

Kempton Park

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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• Bidders are requested to submit all bids in the format instructed, no other format will be
acceptable.

1.1.2. Proposals must both be in printed format (an original and a copy) together with
an electronic copy of the bid documents using a USB flash drive or an accessible
link. The original will be legal and binding, in the event of discrepancies between
any of the submitted documents; the original will take precedence.

1.2. Alternative Bids

As a general rule ACSA only accepts bids which have been prepared in response to the
bid invitation. Alternative bids are not accepted.

1.3. Late Bids

Bids which are submitted after the closing date and time will not be accepted.

1.4. Clarification and Communication

Name: Sydney Mfeka

Designation: Group Category Specialist

Tel: Communication strictly on email

Email: Sydney.Mfeka@airports.co.za

1.4.1. Request for clarity or information on the bid may only be requested until 24th of
July 2023. Any responses to queries or for clarity sought by a bidder will also be
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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sent to all the other entities which have responded to the Request for Proposal.
The questions and answer will be uploaded in the e-tenders portal
(www.etenders.gov.za).
1.4.2. Bidders are required to always check on the above portal
(www.etenders.gov.za) for any updates.
1.4.3. Bidders may not contact any ACSA employee on this bid other than those listed
above. Contact will only be allowed between the successful bidder and ACSA
Business Unit representatives after the acceptance of the letter of award bid.
Contact will also only be permissible in the case of pre-existing commercial
relations which do not pertain to the subject of this bid.

1.5. Non-Compulsory Briefing Session and Site Visit

A non-compulsory briefing session will be held on 17th of July 2023 at 10h00. The
session will be held at the following location:

Online Microsoft Teams Meeting

Please copy the link below to your browser to join the meeting or alternatively dial
in the meeting using the below telephone number and use the conference ID
provided.

https://teams.microsoft.com/l/meetup-
join/19%3ameeting_NTc5OWFiYmQtZjVmYi00YzVjLTllYTItYTU4OGUwNzhmYzRm
%40thread.v2/0?context=%7b%22Tid%22%3a%22fb62d46e-e86e-4673-ba82-
b27b61d8202b%22%2c%22Oid%22%3a%2205361496-2b38-4f7b-9ee2-
168f103d0e5c%22%7d

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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OPTIONAL SITE VISIT

Bidders that are interested in visiting the site(s) should send an email to Sydney Mfeka using
the following email address: Sydney.Mfeka@airports.co.za. The subject of the email should
be the tender description – SITE VISIT as displayed in this tender.

Travel and Accommodation Requirements for site visit

Bidders are requested to make their own travelling and accommodation arrangements at their
own cost for site visit.

1.6. Bid Responses

Bid responses must be strictly prepared and returned in accordance with this bid
document. Bidders may be disqualified where they have not materially complied with any
of ACSA’s requirements in terms of this bid document. Changes to the bidder’s
submission will NOT be allowed after the closing date of the bid. All bid responses will
be regarded as offers unless the bidder indicates otherwise. No bidder or any of its
consortium/joint venture members may have an interest in any of the other bidder/joint
venture/consortium participating in this bid.

1.7. Disclaimers

It must be noted that ACSA reserves its right to:

1.7.1. Award the whole or a part of this bid;

1.7.2. Split the award of this bid;


Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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1.7.3. Negotiate with all or some of the shortlisted bidders;

1.7.4. Award the bid to a bidder other than the highest scoring bidder where objective
criteria allows;

1.7.5. To reject the lowest acceptable bid received; and/or

1.7.6. Cancel this bid.

1.8. Validity Period

1.8.1. ACSA requires a validity period of hundred and twenty (120) business/working
days for this bid. During the validity period the prices which have been quoted
by the bidder must remain firm and valid. It is only in exceptional circumstances
where ACSA would accommodate a proposal to change the price.

1.9. Confidentiality of Information

1.9.1. ACSA will not disclose any information disclosed to ACSA through this bid
process to a third party or any other bidder without any written approval form the
bidder whose information is sought. Furthermore,

1.9.2. ACSA will not disclose the names of bidders until the bid process has been
finalised.

1.9.3. Bidders may not disclose any information given to the bidders as part of this bid
process to any third party without the written approval from ACSA. In the event

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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that the bidder requires to consult with third parties on the bid, such third parties
must complete confidentiality agreements, which should also be returned to
ACSA with the bid.

1.10. Hot – Line

ACSA subscribes to fair and just administrative processes. ACSA therefore urges its
clients, suppliers and the general public to report any fraud or corruption to:

Airports Company South Africa TIP-OFFS ANONYMOUS

Free Call: 0800 00 80 80 or 086 726 1681

Email: office@thehotline.co.za

SECTION 2: BACKGROUND, PURPOSE, AND SCOPE OF WORK

2.1 Background and/or Purpose of this Bid

The current Common Use Terminal Equipment (CUTE) and Common Use Self Service
(CUSS) systems across the Airports Company South Africa (ACSA) network has come
to the end of its original service lifecycle of 5 years and is due for a refreshment /
replacement. The systems deliver a common interface for airline departure control
systems (DCS) for the management of departing passengers.

Airports Company South Africa has adopted the IATA Fast Travel Strategy under the
Passenger SelfService Programme. The Passenger Self-Service Programme includes
the Immigration Processes which is covered under the IATA Passenger Facilitation
project. ACSA started the self-service journey in 2014, with the implementation of the
CUTE (Common Use Terminal Equipment) and CUSS (Common Use Self-Service)
Project. The objectives of the CUTE and CUSS project were to enable common use

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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infrastructure across all the airlines (as opposed to dedicated infrastructure) and enable
self-service check-in.

The purpose of this tender is to invite all qualifying bidders to submit proposals for
Supply, Installation, Commissioning, Support and Maintenance of COMMON USE
PASSENGER PROCESSING SYSTEMS (CUPPS) AND COMMON USE SELF
SERVICE(CUSS) KIOSKS AT ACSA FOR A PERIOD OF 60 MONTHS

2.2 Scope of Work

The aim of this RFP is as follows:

• To appoint and enter into an Agreement with a Successful Bidder to Supply, Install,
Commission, Support and Maintain of CUPPS and CUSS equipment at Airports
Company South Africa (ACSA) for 60 months.
• The preventative and corrective maintenance and support which underpinned by
SLA requirements critical to system availability.

Upon appointment of the successful bidder, an Agreement, on ACSA’s contract template,


will be concluded for 60 months. ACSA may at any time, terminate the Agreement or
postpone or delay all or any part of the contract upon written notice to the successful bidder
in line with the prescribed process.
For the full, detailed scope of work, please refer to Annexure A – Scope of Work and
Annexure B – The evaluation criteria attached to this RFP document as separate
annexures.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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Reference Letters

The Client reference letters proving company experience must comply with the following
requirements:

• be clear and on a letter with client letter heads.

• indicate the client contactable details.

• clearly state the scope of services that were rendered.

• clearly state the duration (start and end date using the MM-YYYY date format) or total
duration (e.g. 24 Months or 2 Years)

• Signed by client’s authorised official.

The RFP Pack consist of the following documents:

• Annexure A – Scope of Work


• Annexure B – Evaluation criteria
• Annexure C – Service Management
• Annexure D – IT Infrastructure Standards
• Additional Returnable documents

Disbursements will be reimbursed at actual cost. The successful bidder will be required to
provide proof of expenses in order to be reimbursed. Other expenses, for example
accommodation (specify, e.g. three star hotel, bed and breakfast, telephone cost, reproduction
cost, etcetera). On basis of these particulars, certified invoices will be checked for
correctness.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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SECTION 3: EVALUATION CRITERIA

3.1 Evaluation Criteria

3.1.1 ACSA will use a pre-determined evaluation criteria when considering received
bids. The evaluation criteria will consider mandatory administrative,
functionality/technical, and price and preference. During the evaluation of
received bids ACSA will make an assessment whether all the bids comply with
set minimum requirements and whether all returnable documents/information
have been submitted. Bidders which fail to meet minimum requirements,
thresholds or have not submitted required mandatory documents will be
disqualified from the bid process.

3.1.2 The requirements of any given stage must be complied with prior to
progression to the next stage. ACSA reserves the right to disqualify bidders
without requesting any outstanding document/information.

3.2 A Staged Approach will be used to evaluate bids and the approach will be as follows:

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6

Check if all Mandatory Evaluate on Evaluate Post tender Security


the Requirements functionality price and negotiations. Vetting
documents or the Preference.
have been technical
received. aspect of
the bid.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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3.3 Mandatory Requirements

Only bidders meeting the following criteria will be considered for this tender:

• Bidders are required to subcontract a minimum of 30% of contract value to an EME


or QSE (South African Entities) for ACSA’s transformation agenda.

• Company, its directors and employees agree to be vetted by Airports Company South
Africa (ACSA).

• Bidder’s must be registered on the National Treasury Central Supplier Database (CSD,
www.csd.gov.za). Bidders must provide the CSD registration certificate.

Bidders that do not meet the above mandatory requirements will be disqualified.

3.4 Functionality

The functionality/technical evaluation will be conducted by the end-user/operations/the Tender


Preparation and Evaluation Committee which comprises of various skilled and experienced
members from diverse professional disciplines. The evaluation process will be based on
functionality criteria. The criteria will be as follows:

3.4.1 Functionality Criteria

The functional/technical evaluation will be based on a threshold, where bidders are expected
to achieve a minimum of 50 points, please note that the minimum of 50 points required is
also reliant on meeting a minimum threshold per evaluation criteria. Failure to achieve a
minimum of 50 points (including the minimum in each evaluation criteria) in the
functional/technical phase will lead to the bid not being considered further in the
evaluation. For the detailed thresholds and elements of the Technical and Functional

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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Evaluation Criteria please refer to Annexure B: Evaluation Criteria. The thresholds on each
element of the evaluation are as follows.

Evaluation Sections Maximum Points


Company Experience 20 Points
Business Requirements Compliance Levels 70 Points
SLA Support 10 Points

3.4.2 Price and Preference

This is the final stage of the evaluation process and will be based on the PPPFA
preference point system. Bidders will be ranked by applying the preferential point scoring
90/10 for bids with the rand value above R50 million. A maximum of 90 points is
allocated for price based on the following:

90/10
𝑷𝒕−𝑷 𝒎𝒊𝒏
𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏

Ps = Points scored for price of tender under consideration


Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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3.4.3 Evaluation of Preference

ACSA will score specific goals out of 10 in accordance with the PPP Regulations
2022/2023. If a bidder fails to meet the Specific goals as outlined on the table below and
to submit proof, the bidder will score zero (0) out of 10. ACSA will not disqualify the
bidder. See below Specific goals that must be achieved for this bid:

Item Category Specific Goals 90/10

51% or more owned by Black male and


Black women and Black youth and 10
People living with disabilities
51% or more owned by Black male or
Black women or Black youth or People
living with disabilities (at least two of the 8
above designated groups must
achieved)
1. IT 51% or more owned by Black male or
Black women or Black youth or People
living with disabilities (at least one of the 6
above designated groups must
achieved)
Less than 51% owned by Black male,
Black women, Black youth, People living 4
with disabilities
Other 0

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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SECTION 4: RETURNABLE DOCUMENTS

4.1 Mandatory Returnable documents

4.2 ACSA will disqualify from the bid process any bidder that has failed to submit mandatory
returnable documents and information. Bidders should therefore ensure that all the
mandatory returnable documents and information have been submitted. In order to assist
bidders, ACSA has also included a column next to the required mandatory document
and information to enable bidders to keep track of whether they have submitted or not.
The mandatory documents and information are as follows:

MANDATORY RETURNABLE DOCUMENTS AND SUBMITTED


INFORMATION [Yes or No]

Priced offer

Transformation proposal and Subcontracting agreement

Declaration of Interest Form and Politically Exposed Persons

SBD 4 Bidder’s Disclosure Form

SBD 6.1 Preference Points Claim Form

Reference Letters proving Company Experience in CUPPS and


CUSS

4.3 Other Returnable Documents and information

4.4 These types of documents and information are required but are not mandatory or are
only mandatory at specific stages of the process. ACSA may request bidders to submit
these documents or information after the closing date and time or might already have
them on the system. Where a document or information is only mandatory at a specific

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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stage in the process, ACSA may only disqualify a bidder for non-submission at that stage
and after reasonable efforts were made to request the document from the bidder. The
documents are as follows:

SUBMITTED
OTHER RETURNABLE DOCUMENTS AND INFORMATION
[Yes or No]

All other returnable Documents (Appendices)

4.5 Validity of submitted information.

Bidders must ensure that all conditions, documents and information which has been
submitted in pursuance to this bid remains valid for the duration of the contract period.
In the event where a validity document expires an updated document must be
submitted. The duty is on the bidder to provide updated information to ACSA
immediately after such information has changed.

SECTION 5: RETURNABLE DOCUMENTS

5.1 DECLARATION OF INTEREST AND POLITICALLY EXPOSED PERSONS FORM

Making a Declaration

Any legal person or persons having a relationship with persons employed by ACSA, including a
blood relationship, may submit a bid in terms of this tender document. In view of possible
allegations of unfairness, should the resulting bid, or part thereof, be awarded to persons
connected with or related to ACSA employees, it is required that the bidder or his/her authorised
representative declare his/her position in relation to ACSA employees or any member of the
evaluation or adjudication committee which will consider bids.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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ACSA requires all bidders to declare that they have not acted in any manner inconsistent with
the law, policy, or fairness. Furthermore, ACSA requires bidders to declare if they have Politically
Exposed Persons (PEP) also known as Domestic Prominent Influential Persons (DPIP) in their
organisation. See below definition of PEP/DPIP.

Politically Exposed Persons or DPIP are individuals who are or have been entrusted with
prominent public functions in the country or a foreign country, for example Heads of State or of
government, senior politicians, senior government, judicial or military officials, senior executives
of state-owned corporations, important political party officials. Business relationships with family
members or close associates of PEPs involve reputational risks similar to those with PEPs
themselves. PEP status in the following areas shall be declared:
• Current or former senior official in the executive, legislative, administrative, military, or
judicial branch of government or foreign government (elected or not)’
• A senior official of a major political party or major foreign political party;
• A senior executive of government owned commercial enterprise
• or a foreign government owned commercial enterprise, being a corporation, business
or other entity formed by or for the benefit of any such individual;
• A related and or inter-related immediate member of such individual; meaning spouse,
parents, siblings, children, and spouse's parents or siblings etc

5.1.1 All bidders must complete a declaration of interest form below:

Full name of the bidder or


representative of the bidding entity

Identity Number

Position held in the bidding entity

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 21
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Registration number of the bidding


entity

Tax Reference number of the bidding


entity

VAT Registration number of the


bidding entity

I/We certify that there is / no PEP/DPIP conflict of interest/ no relationship between the
bidding entity or any of its shareholders / directors / owner / member / partner/ senior
management with any ACSA employee or official.

Where a relationship or PEP/DPIP conflict of interest exists, please provide details of


the ACSA employee or official and the extent of the relationship below:

PEP/DPIP Declaration

DPIP/PEP Declaration for self/family member or close associate:

Nature of Political Exposure Term of the Description of activities relating


office to political exposure

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 22
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Full Names of Directors / Trustees / Members / Shareholders/ Senior Management of


the bidding entity, the bidder must submit the Identity Documents of the below listed
individuals.

Personal Income Tax


Full Name Identity Number
Reference Number

5.1.2.I/We declare that we have not acted in any manner which promotes unfairness,
contravenes any law or is against public morals. We further certify that we will in full
compliance of this tender terms and conditions as well as ACSA policies in the event
that we are successful in this tender.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 23
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Declaration:

I/We the undersigned


____________________________________________________ (Name) herby certify
that the information furnished in this tender document is true and correct. We further
certify that we understand that where it is found that we have made a false declaration
or statement in this tender, ACSA may disqualify our bid or terminate a contract we
may have with ACSA where we are successful in this tender.

___________________________ _________________________________

Signature Date

____________________________ __________________________________

Position Name of bidder

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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5. 2 BIDDER’S DISCLOSURE FORM SBD 4

1. PURPOSE OF THE FORM

Any person (natural or juristic) may make an offer or offers in terms of this invitation to
bid. In line with the principles of transparency, accountability, impartiality, and ethics as
enshrined in the Constitution of the Republic of South Africa and further expressed in
various pieces of legislation, it is required for the bidder to make this declaration in
respect of the details required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and / or the List of
Restricted Suppliers, that person will automatically be disqualified from the bid process.

2. Bidder’s declaration

2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or
any person having a controlling interest1 in the enterprise, employed by the state?
YES/NO

2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if applicable,
state employee numbers of sole proprietor/ directors / trustees / shareholders /
members/ partners or any person having a controlling interest in the enterprise, in table
below.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 25
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Full Name Identity Number Name of State institution

2.2 Do you, or any person connected with the bidder, have a relationship with any person
who is employed by the procuring institution?
YES/NO

2.2.1 If so, furnish particulars:

……………………………………………………………………………………

……………………………………………………………………………………

2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or
any person having a controlling interest in the enterprise have any interest in any other related
enterprise whether or not they are bidding for this contract?
YES/NO

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 26
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2.3.1 If so, furnish particulars:

…………………………………………………………………………….

…………………………………………………………………………….

3 DECLARATION

I, the undersigned, (name)…………………………………………………………………….


in submitting the accompanying bid, do hereby make the following statements that I
certify to be true and complete in every respect:

3.1 I have read and I understand the contents of this disclosure;

3.2 I understand that the accompanying bid will be disqualified if this disclosure is found
not to be true and complete in every respect;

3.3 The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor.
However, communication between partners in a joint venture or consortium² 2 will not
be construed as collusive bidding.

3.4 In addition, there have been no consultations, communications, agreements or


arrangements with any competitor regarding the quality, quantity, specifications, prices,
including methods, factors or formulas used to calculate prices, market allocation, the
intention or decision to submit or not to submit the bid, bidding with the intention not to
win the bid and conditions or delivery particulars of the products or services to which
this bid invitation relates.

2 Joint venture or Consortium means an association of persons for the purpose of combining their expertise,
property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 27
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3.4 The terms of the accompanying bid have not been, and will not be, disclosed by the
bidder, directly or indirectly, to any competitor, prior to the date and time of the official
bid opening or of the awarding of the contract.

3.5 There have been no consultations, communications, agreements or arrangements


made by the bidder with any official of the procuring institution in relation to this
procurement process prior to and during the bidding process except to provide
clarification on the bid submitted where so required by the institution; and the bidder
was not involved in the drafting of the specifications or terms of reference for this bid.

3.6 I am aware that, in addition and without prejudice to any other remedy provided to
combat any restrictive practices related to bids and contracts, bids that are suspicious
will be reported to the Competition Commission for investigation and possible
imposition of administrative penalties in terms of section 59 of the Competition Act No
89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for
criminal investigation and or may be restricted from conducting business with the public
sector for a period not exceeding ten (10) years in terms of the Prevention and
Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 28
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I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3


ABOVE IS CORRECT.

I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN
TERMS OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22 ON
PREVENTING AND COMBATING ABUSE IN THE SUPPLY CHAIN MANAGEMENT
SYSTEM SHOULD THIS DECLARATION PROVE TO BE FALSE.

……………………………… ..……………………………………………

Signature Date

……………………………… ………………………………………………

Position Name of bidder

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 29
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5.3 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL


PROCUREMENT REGULATIONS 2022 SBD 6.1

This preference form must form part of all tenders invited. It contains general information
and serves as a claim form for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE


GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN
RESPECT OF THE TENDER AND PREFERENTIAL PROCUREMENT
REGULATIONS, 2022

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to invitations to tender:

- the 90/10 system for requirements with a Rand value above to R50 000 000 (all
applicable taxes included); and

1.2 To be completed by the organ of state

a) The applicable preference point system for this tender is the 90/10 preference
point system.

1.3 Points for this tender shall be awarded for:


(a) Price;

(b) Specific Goals / Preference.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 30
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1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

POINTS

PRICE 90

SPECIFIC GOALS / PREFERENCE 10

Total points for Price and SPECIFIC 100


GOALS

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of
this tender to claim points for specific goals with the tender, will be interpreted to
mean that preference points for specific goals are not claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the organ of state.

2. DEFINITIONS

(a) “tender” means a written offer in the form determined by an organ of state in
response to an invitation to provide goods or services through price quotations,
competitive tendering process or any other method envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and
includes all applicable taxes less all unconditional discounts;

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 31
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(c) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form
determined by an organ of state in response to an invitation for the origination of
income-generating contracts through any method envisaged in legislation that will
result in a legal agreement between the organ of state and a third party that produces
revenue for the organ of state, and includes, but is not limited to, leasing and disposal
of assets and concession contracts, excluding direct sales and disposal of assets
through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No.
5 of 2000).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 THE 90/10 PREFERENCE POINT SYSTEMS

A maximum of 90 points is allocated for price on the following basis:

90/10
𝑷𝒕−𝑷 𝒎𝒊𝒏
𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 32
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3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME


GENERATING PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

4. POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the
tender. For the purposes of this tender the tenderer will be allocated points based on
the goals stated in table 1 below as may be supported by proof/ documentation stated
in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations,
which states that, if it is unclear whether the 80/20 or 90/10 preference point system
applies, an organ of state must, in the tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20
or 90/10 preference point system will apply and that the highest acceptable
tender will be used to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point
system will apply and that the lowest acceptable tender will be used to
determine the applicable preference point system,
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 33
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then the organ of state must indicate the points allocated for specific goals for both the
90/10 and 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
(Note to organs of state: The 80/20 preference point system is applicable,
corresponding points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.)

Number of points Number of


points
allocated
claimed (90/10
The specific goals/preference point allocated (90/10 system) system)
points in terms of this tender
(To be completed (To be
by the organ of completed by
state) the tenderer)

51% owned by Black male and Black women and


10
Black youth and People living with disabilities

51% owned by Black male or Black women or


Black youth or People living with disabilities (at
8
least two of the above designated groups must
achieved)

51% owned by Black male or Black women or


6
Black youth or People living with disabilities

Less than 51% owned by Black male, Black


4
women, Black youth, People living with disabilities

Other 0

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 34
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DECLARATION WITH REGARD TO COMPANY/FIRM

4.3. Name of company/firm…………………………………………………………………….

4.4. Company registration number: …………………………………………………………...

4.5. TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium


 One-person business/sole propriety
 Close corporation
 Public Company
 Personal Liability Company
 (Pty) Limited
 Non-Profit Company
 State Owned Company
[TICK APPLICABLE BOX]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm,


certify that the points claimed, based on the specific goals as advised in the tender,
qualifies the company/ firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown
in paragraphs 1.4 and 4.2, the contractor may be required to furnish
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 35
Confidential
Confidential

documentary proof to the satisfaction of the organ of state that the claims are
correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any
of the conditions of contract have not been fulfilled, the organ of state may, in
addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a


result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered
as a result of having to make less favourable arrangements due to
such cancellation;

(d) recommend that the tenderer or contractor, its shareholders and


directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted from obtaining business from any
organ of state for a period not exceeding 10 years, after the audi
alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

……………………………………….
SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ……………………………………………………….


DATE: ………………………………………………………
ADDRESS: ………………………………………………………
………………………………………………………
………………………………………………………
………………………………………………………

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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.4 CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

between

AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED

(Registration No. 1993/004149/30)

(“Airports Company”)

of

Western Precinct, Aviation Park

O.R. Tambo International Airport

1 Jones Road

Kempton Park

1632

AND

[NAME OF SERVICE PROVIDER]

(Registration No: _______________________)

(“__________________”)

of

[Service Providers Address]

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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1. INTERPRETATION

In this agreement -
1.1 "confidential Information" – is information which is confidential to the disclosing party,
and includes whether in written, graphic, oral, proprietary, tangible, intangible,
electronic or other form, and, -
1.1.1 any information in respect of know-how, formulae, statistics, processes, systems,
business methods, marketing, trading and merchandising methods and
information, promotional and advertising plans and strategies, pricing, financial
plans and models, inventions, long-term plans, research and development data,
user or consumer/ customer data and profiles, ideas, computer programmes,
drawings and any other information of confidential nature of the disclosing party,
in whatever form it may be;
1.1.2 the contractual business and financial arrangements of the disclosing party and
others with whom it has business arrangements of whatever nature;
1.1.3 all information peculiar to the business of the disclosing party which is not readily
available to a competitor of the disclosing party in the ordinary course of business;
1.1.4 the fact of and content of any discussions between the disclosing party and the
receiving party as well as the existence and content of any agreement, which may
be concluded between the disclosing party and the receiving party;
1.1.5 all other matters of a confidential nature which relate to the disclosing party’s
business;
1.1.6 generally, information which is disclosed in circumstances of confidence or would
be understood by the parties, exercising reasonable business judgement, to be
confidential;
1.1.7 all information of whatsoever nature relating to the disclosing party as contemplated
in 2.1 below;

but does not include information which -

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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1.1.8 is or hereafter becomes part of the public domain, otherwise than as a result of a
breach or default of the receiving party or of a representative or affiliate of the
receiving party;
1.1.9 can be shown to have been lawfully in the possession of the receiving party or its
affiliates or consultants prior to its disclosure and is not subject to an existing
agreement between the disclosing party and the receiving party;
1.1.10 is acquired by the receiving party independently from a third party who lawfully
acquired such information without restriction and who had not previously obtained
the confidential information directly or indirectly under a confidentiality obligation
from the disclosing party;
1.1.11 is acquired or developed by the receiving party independently of the disclosing
party and in circumstances which do not amount to a breach of the provisions of
this agreement;
is disclosed or released by the receiving party to satisfy an order of a court of
competent jurisdiction or to otherwise comply with the provisions of any law or
regulation in force at the time or the requirements of any recognised stock
exchange; provided that, in these circumstances, the receiving party shall inform
the disclosing party of the requirement to disclose prior to making the disclosure
and provided further that the receiving party will disclose only that portion of the
confidential information which it is legally required to so disclose; and the receiving
party will use its reasonable endeavours to protect the confidentiality of such
information to the widest extent lawfully possible in the circumstances (and shall
co-operate with the disclosing party if it elects to contest any such disclosure);

For the purposes of this agreement the party, which discloses confidential
information, shall be referred to as “the disclosing party” and the party, which
receives the confidential information, shall be referred to as “the receiving party”.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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1.2 ““affiliate” –of a Party means any person, now or hereafter existing, who directly or
indirectly controls, (holding company) or is controlled or is under common control of
such Party (subsidiary company); a Person “controls” another person if it holds or is
beneficially entitled to hold , directly or indirectly, other than by way of security
interest only, more than 50% of its voting , income or capital;

1.3 “disclosing party” – the party disclosing confidential information in terms of this
agreement and being Airports Company;

1.4 “receiving party” – the party receiving confidential information in terms of this
agreement;

1.5 “the parties” – the Airports Company and ___________________________.

2. INTRODUCTION
2.1 The parties intend to provide each other with certain information pertaining to their
operations and the parties are in the process of discussing certain matters with a
view to concluding an agreement (“the potential agreement”), which discussions
have required and will require the disclosure to one another of information of a
proprietary, secret and confidential nature. Whether or not the parties conclude the
potential agreement will not affect the validity of this agreement.

2.2 If the confidential information so disclosed is used by the receiving party for any
purpose other than that for which its use is authorised in terms of this agreement or
is disclosed or disseminated by the receiving party to another person or entity which
is not a party to this agreement, this may cause the disclosing party to suffer
damages and material financial loss.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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2.3 This agreement shall also bind the parties, notwithstanding the date of signature
hereof, in the event that either party shall have disclosed any confidential information
to the other party prior to date of signature hereof.

2.4 The parties wish to record the terms and conditions upon which each shall disclose
confidential information to the other, which terms and conditions shall constitute a
binding and enforceable agreement between the parties and their agents.

3 USE OF CONFIDENTIAL INFORMATION


Any confidential information disclosed by the disclosing party shall be received and used
by the receiving party only for the limited purpose described in 2.1 above and for no other
purpose.

4 NON-DISCLOSURE

4.1 THE RECEIVING PARTY undertakes that –

4.1.1 it will treat the disclosing party’s confidential information as private and confidential
and safeguard it accordingly;

4.1.2 it will not use (except as permitted in 3 above) or disclose or release or copy or
reproduce or publish or circulate or reverse or engineer and/or decompile or
otherwise transfer, whether directly or indirectly, the confidential information of the
disclosing party to any other person or entity; and the receiving party shall take all
such steps as may be reasonably necessary to prevent the disclosing party’s
confidential information failing into the hands of unauthorised persons or entities;

4.1.3 it shall not disclose the confidential information of the disclosing party to any
employee, consultant, professional adviser, contractor or sub-contractor or agent of
the receiving party (collectively referred to herein as "representative") or an affiliate
of the receiving party, nor shall they be given access thereto by the receiving party -
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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4.1.4 unless it is strictly necessary for the purposes referred to in 2.1 above; and

4.1.5 the receiving party shall have procured that the representative, affiliate or consultant
to whom or to which such information is disclosed or made available shall have
agreed to be bound by all the terms of this agreement, and, in such event, the
receiving party hereby indemnifies the disclosing party against any loss, harm or
damage which it may suffer as a result of the unauthorised disclosure of confidential
information by a representative, affiliate or consultant.

4.2 Any documentation or written record or other material containing confidential


information (in whatsoever form) which comes into the possession of the receiving
party shall itself be deemed to form part of the confidential information of the disclosing
party. The receiving party shall, on request, and in any event if the discussions
referred to in 2.1 above should not result in an agreement, return to the disclosing
party all of its confidential information which is in physical form (including all copies)
and shall destroy any other records (including, without limitation, those in machine
readable form) as far as they contain the disclosing party’s confidential information.
The receiving party will, upon written or oral request from the disclosing party and
within five (5) business days of the disclosing party’s request, provide the disclosing
party with written confirmation that all such records have been destroyed.

5. COPIES

5.1 The receiving party may only make such copies of the disclosing party’s confidential
information as are strictly necessary for the purpose and the disclosures which are not in
breach of this agreement and authorised in terms of this agreement. The receiving party
shall clearly mark all such copies as “Confidential”.
5.2 At the written request of the disclosing party, the receiving party shall supply to the
disclosing party a list showing, to the extent practical –

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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Confidential

5.2.1 where copies of the confidential Information are held;


5.2.2 copies that have been made by the receiving party (except where they contain
insignificant extracts from or references to confidential information) and where they are
held; and
5.2.3 the names and addresses of the persons to whom confidential information has been
disclosed and, if applicable, a copy of the confidentiality undertaking signed by such
persons complying with the provisions of this agreement.

6. THE USE OF THE COMPANY’S INTELLECTUAL PROPERTY


6.1 The receiving party shall not use any intellectual property of the Company (including
trademarks, service marks, logos, slogans, trade names, brand names and other
indicia of origin) (collectively, the “Company IP”) for any reason whatsoever without
first obtaining the Company’s prior written consent which consent the Company shall
be entitled to grant solely at its own discretion.

6.2 If the receiving party requires the use of such Company IP, a request must be sent to
the sydney.mfeka@airports.co.za. Each single request by the same receiving party
shall be treated as a new request.

6.3 Should the Company provide its consent in terms of clause 6.1 above, the receiving
party shall comply with the Company’s policies and standards with regard to the use
of the Company IP. Such policies and standards shall be communicated to the
receiving party at the time the Company grants the consent to the receiving party.

6.4 Failure to adhere to the provisions of this clause 6 or the policies, brand requirements
and protocols that will be communicated by the Brand Custodians Office to the
receiving party, shall result in the penalty equal to the value of 2% (two per cent) of
the receiving party’s annual turnover in the financial year in which the aforesaid failure
occurred.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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7. DURATION
7.1 Subject to Clause 2.3 this agreement shall commence or shall be deemed to have
commenced on the date of signature of this agreement by the last party to sign the
agreement.
7.2 This agreement shall remain in force for a period of 5 years (“the term”), or for a period
of one (1) year from the date of the last disclosure of confidential information to the
receiving party, whichever is the longer period, whether or not the parties continue to
have any relationship for that period of time.

8. TITLE
8.1 All confidential information disclosed by the disclosing party to the receiving party is
acknowledged by the receiving party:
8.1.1 to be proprietary to the disclosing party; and
8.1.2 not to confer any rights to the receiving party of whatever nature in the
confidential information.

9. RELATIONSHIP BETWEEN THE PARTIES


9.1 The disclosing party is not obliged, by reason of this agreement, to disclose any of its
confidential information to the receiving party or to enter into any further agreement
or business relationship with the receiving party. Nothing herein shall imply or create
any exclusive relationship between the Parties or otherwise restrict either Party from
pursuing any business opportunities provided it complies at all times with the non-
disclosure obligations set forth herein
9.2 The disclosing party retains the sole and exclusive ownership of intellectual property
rights to its confidential information and no license or any other interest in such
confidential information is granted in terms hereof or by reason of its disclosure.
9.3 The termination of the discussions referred to in 2.1 above shall not release the parties
from the obligations set out in this agreement.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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10. ENFORCEMENT, GOVERNING LAWS AND JURISDICTION


10.1 This agreement shall be governed by and interpreted according to the laws of the
Republic of South Africa, without reference to the choice of laws' provisions of the
Republic of South Africa. In the event of a conflict between or inconsistency in the
laws applicable in the various provinces of the Republic of South Africa, the law as
applied and interpreted in the Gauteng Province shall prevail.
10.2 The parties irrevocably submit to the exclusive jurisdiction of the High Court of South
Africa, Witwatersrand Local Division, in respect of any action or proceeding arising
from this agreement.
10.3 The parties agree that, in the event of a breach of this agreement, monetary damages
would not be an adequate remedy. In the event of a breach or threatened breach of
any provisions of this agreement by the receiving party, the disclosing party (and/or
its relevant affiliate) shall be entitled to injunctive relief in any court of competent
jurisdiction and the receiving party shall reimburse the disclosing party for any costs,
claims, demands or liabilities arising directly or indirectly out of a breach. Nothing
contained in this agreement shall be construed as prohibiting a party or its affiliate
from pursuing any other remedies available to it for a breach or threatened breach.
10.4 The failure by the disclosing party to enforce or to require the performance at any time
of any of the provisions of this agreement shall not be construed to be a waiver of
such provision, and shall not affect either the validity of this agreement or any part
hereof or the right of the disclosing party to enforce the provisions of this agreement.

11. DOMICILIUM
11.1 The parties choose as their domicilium the addresses indicated in the heading to this
agreement for the purposes of giving any notice, the payment of any sum, the serving
of any process and for any other purpose arising from this agreement.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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11.2 Each of the parties shall be entitled from time to time, by written notice to the other, to
vary its domicilium to any other address which is not a post office box or poste
restante.
11.3 Any notice required or permitted to be given in terms of this agreement shall be valid
and effective only if in writing.

11.4 Any notice given and any payment made by one party to the other ("the addressee")
which:
11.4.1 is delivered by hand during the normal business hours of the addressee
at the addressee's domicilium for the time being shall be presumed, until
the contrary is proved, to have been received by the addressee at the
time of delivery;
11.4.2 is posted by prepaid registered post from an address within the Republic
of South Africa to the addressee at the addressee's domicilium for the
time being shall be presumed, until the contrary is proved, to have been
received by the addressee on the fourth day after the date of posting;
11.4.3 is transmitted by facsimile to the addressee's receiving machine shall be
presumed, until the contrary is proved, to have been received within one
(1) hour of transmission where it is transmitted during normal business
hours or, if transmitted outside normal business hours, within one (1) hour
of the resumption of normal business hours on the next normal business
day.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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12. GENERAL
12.1 No party shall be bound by any representation, warranty, undertaking, promise or the
like not recorded in this agreement.
12.2 No addition to, variation or agreed cancellation of this agreement shall be of any force
or effect unless in writing and signed by or on behalf of the parties.
12.3 Any indulgence which either party may show to the other in terms of or pursuant to
the provisions contained in this agreement shall not constitute a waiver of any of the
rights of the party which granted such indulgence.
12.4 The parties acknowledge that this agreement and the undertakings given by it in terms
hereof are fair and reasonable in regard to their nature, extent and period and go no
further than is reasonably necessary to protect the interests of the parties.
12.5 The parties hereby confirm that they have entered into this agreement with full and
clear understanding of the nature, significance and effect thereof and freely and
voluntarily and without duress.
12.6 Neither party shall have the right to assign or otherwise transfer any of its rights or
obligations under this agreement.
12.7 This agreement may be executed in several counterparts that together shall constitute
one and the same instrument.
12.8 In this agreement, clause headings are for convenience and shall not be used in its
interpretation.

12.9 Each clause of this agreement is severable, the one from the other and if any one or
more clauses are found to be invalid or unenforceable, that clause shall not affect the
balance of the clauses which shall remain in full force and effect.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 47
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Confidential

SIGNED at ___________________ on _______________day of _______________202___

_______________________________

AIRPORTS COMPANY SOUTH AFRICA


SOC LIMITED

the signatory warranting that he is duly


authorised thereto.

Name: ______________________

Designation: __________________

AS WITNESSES

1. _________________________________

2. _________________________________

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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Confidential

SIGNED at ___________________ on _______________day of _______________202___

___________________________

[NAME OF SERVICE PROVIDER]

the signatory warranting that s/he is duly


authorised thereto.

Name: _________________________

Designation: ____________________

AS WITNESSES

1. ____________________________________

2. ____________________________________

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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5.5 ACCEPTANCE OF TERMS AND CONDITIONS OF RFP AND BIDDER’S


PARTICULARS

TO: Airports Company South Africa SOC Limited (ACSA)

Airports Company South Africa Limited.

Proposal No: COR7138/2023/RFP

1. Bidder’s Name and Contract Details

Bidder:

Physical Address:

Correspondence to be addressed to:

Phone numbers:

Email Address:

Contact Person:

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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2. Proposal Certification

We hereby submit a Proposal in respect of CUPPS and CUSS (COR7138/2023/RFP)


in accordance with Airports Company South Africa’s requirements.

• We acknowledge that Airports Company South Africa’s terms and conditions (as
amended and mutually agreed between the parties if necessary) shall apply to
the agreement with the successful Bidder,
• We have read, understand and agree to be bound by the content of all the
conditions of this bid and documentation provided by Airports Company South
Africa in this Request for Proposal.
• We accept that Airports Company South Africa’s Bid Adjudication Committee
decision is final and binding.
• We acknowledge that the bidder/s, directors, shareholders and employees may
be subjected to security vetting by Airport Company South Africa or its agent.
• We certify that all forms of Proposal as required in the Proposal document are
included in our submission.
• We certify that all information provided in our Proposal is true, accurate,
complete and correct.
• This Proposal is specific to this bid only.
• The undersigned is/are authorized to submit and sign the Proposal that shall be
binding on closure of the Proposal submission.
• The Proposal is binding on this Bidder for a period which lapses after one
hundred and twenty (120) days calculated from the closing date for Proposal
submission.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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Thus done and


signed at on this the day of 202

Signature:

Name:

For and behalf of:

Bidding entity name:

Capacity:

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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6 TRANSFORMATION

As a public enterprise, ACSA has an obligation to assist the South African government
with addressing the economic imbalances of the past. Therefore, ACSA wishes, in terms
of its Transformation Objectives to ensure that the following transformational elements are
addressed namely:

• Direct and indirect targeting of PDI (Previously Disadvantage Individual) enterprises.


• Promotion of enterprise development.
• Promotion of skills development; and
• Promotion of local suppliers and manufacturing enterprises.

These Transformation Objectives shall be addressed in the following manner for this project:
• The successful bidder must commit to subcontract a minimum of 30% of the contract
value to the following entities:

o an EME or QSE which is at least 51% owned by black people.

or

o an EME or QSE which is at least 51% owned by black people who are youth or.

or

o an EME or QSE which is at least 51% owned by black people who are women
or

o QSE or EME

• The successful bidder is required to submit a comprehensive transformation


proposal which highlights the following key transformation areas:

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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▪ Enterprise development: Bidders are required to perform a needs analysis on


their selected transformation partner(s) and provide internal mentorship and
assistance which will improve the transformation partner(s) performance in at
least three developmental areas from the list below:

• Establishment of business administration system (e.g. Invoicing,


Budgeting, Costing, tendering etc.)
• Establishment of IT management systems and plans (e.g. Project
Management, Quality Management, Incident and Problem
management etc.)
• Legal Compliance and contract management skills transfer
• Assist with securing business finance (Establish credit rating,
securing bank guarantees etc.)
▪ Skills Development: Bidders are required to perform a skills gap analysis (IT
Management, IT Labour and IT technical skills) on their selected
transformation partner(s) and provide skills development plans which will detail
areas of development, monitoring of the achievement of skills development
targets and measurements.

▪ A signed contractual agreement between the bidder and transformation


partner(s) must be included as an annexure to the transformation proposal.

NB: The needs and skills gap analyses shall be mutual agreed upon between
the bidder and transformation partner(s) and included in the contractual
agreement.
NB: Transformation proposal and Subcontracting agreement must be
submitted as returnable documents. Bidders that fail to submit these
documents will be disqualified.

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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NB: It is the responsibility of the bidder to look for a suitable partner who is
registered in Central Supplier Database.

The following details for the subcontractor (Transformation Partner) must be provided.

• COMPANY PROFILE
• CERTIFICATE OF INCORPORATION
• ORIGINAL B-BBEE CERTIFICATE/AFFIDAVIT
• CENTRAL SUPPLIER DATABASE REGISTRATION
• SHARE CERTIFICATE
• VALID TAX COMPLIANCE PIN

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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7 RFP SUBMISSION CHECKLIST

Please complete the below checklist. Please print once completed and place at the
beginning of your submission.

APPEND INCLUDED
DOCUMENT
IX YES NO

A Cover Letter

B Declaration Form

C Declaration of forbidden practises Form

D Consent to vetting Form

Acceptance of Request for Proposal Terms & Conditions


E
& Bidders Particulars

F Briefing Session Form

G Certificate of Incorporation

H Letter of good standing

I Company Profile, Executive Summary & Organogram

J Joint Venture (JV) Agreement (if applicable)

BEE Certificate and Scorecard or BBBEE QSE/EME


K
Affidavit

L Valid Tax Clearance Pin

M Latest Audited Financial Statements

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


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N Signed Non-Disclosure Agreement

O Proof of CSD registration

P Reference Letters proving Company experience

Q Solutions Overview

R Pricing schedule

S Transformation Proposal and Subcontracting Agreement

T Transformation Partner Details

Tel +27 11 723 1400 Fax +27 11 453 9354


Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa,
1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 Board of Directors: Advocate S Nogxina (Chairperson), M Mpofu (Chief Executive
Officer), N Zikala-Mvelase, N Nokwe-Macamo, Y Pillay, K Esterhuizen, GA Victor, D Hlatswayo, Dr KH Badimo, F Sefara (Company Secretary)

Issue: 2 Issue Date: 30/09/2022


Page 57
Confidential

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